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Name: People v. Amons
Case #: A105374
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/11/2005
Subsequent History: 4/20/05: revw. den.

Appellant was sentenced in 1999 to a seven year term in state prison which included a four year upper term based on his recidivism and aggravating circumstances. Execution of the sentence was suspended, and appellant was on probation until January, 2004, when it was revoked. On appeal, he argued that the trial court violated the principles of Blakely by imposing the upper term based on aggravating circumstances not found by the jury or admitted. He argued that the rule articulated in Blakely must be applied to his case, which was “still pending” when the opinion issued. The appellate court rejected his argument and affirmed. Appellant’s conviction and sentence became a final judgment long before Blakely altered the rules. State convictions are final for purposes of retroactivity analysis when appeals are exhausted and the time for filing a petition has lapsed. The principles of Blakely cannot retroactively invalidate the sentence imposed upon appellant by a final judgment.